Extensions Of The Occupiers’ Liability Act In Regard With Tenants

The Occupiers’ Liability Act is a piece of legislation which has full effect on the territory of the state of Ontario and as such in the city of Hamilton. This act was consolidated back in 1990 on the 31st of December and hasn’t been amended ever since. This means that it has successfully stood the test of time and it still serves the needs of society. It is important to outline that because it speaks about the competence of the legislative bodies which are responsible for the enacting of the provisions set forth in the act.

However, it has a direct impact on personal injury law because it governs one of the most common causes for a case of this category – the slip and fall accidents. Basically such an accident occurs when a person walks into a premise and slips on the floor and fall as a result. In most of the times the consequences are harmless but there are cases in which severe brain injuries happen because of a hit in the head. This is where the act comes into play by providing victim proper compensatory options.

Generally the act is directed towards the owners of the premises. However, it’s important to note that renting out commercial spaces has become a lucrative way to make a living and a lot of people are doing it. This means that in the majority of cases the owner is going to have the whole place rented to a third party. This also entails that the obligations set forth in this particular act are going to be in full force towards said third party.

And to put this into prospective, the article 8, paragraph 1 of the Occupiers’ Liability Act extends the liability towards the tenants. This particular provision clearly states that everyone who has received the obligations and authority to take care of the premise is liable under the rules which govern the responsibility of the owner. This means that the law doesn’t differentiate the obligated parties – owners or tenants. The solution is incredibly fair because owners can’t be held accountable for injuries on their premises which have occurred during a period in which the premise has been legally rented to another party.

The solution is also fair for another reason – it puts pressure on tenants to take the necessary precautions in order to ensure the safety of the people on them. This requires them to provide such care as if they were owners. After all the safety of the people on the premises should always come first, regarding of who is in charge of the place. This is probably the reason for which this Act doesn’t really need any amendments.